We are currently facing an unprecedented crisis in our country and state, forcing us to adapt to conditions unlike any experienced in our lifetimes. Some have compared it to a state of war, circumstances so extraordinary that they justify at least a temporary suspension of basic civil liberties, while others believe that the response has […]
1. The Problem In a normal condominium development, the most prevalent claims by owners against their association are those arising from water leaks. The typical allegation is that water entered through the roof, a broken pipe inside a wall, or a planter adjacent to a first floor unit, resulting in damage to the resident’s furnishings, […]
There are many issues involving intellectual property that may arise in a bankruptcy. For this reason, parties entering into intellectual property agreements should always consider the possible implications of a bankruptcy vis-à-vis their contractual rights and obligations. Having an attorney who understands both areas of the law is paramount to ensure that a client’s interests […]
Kulik Gottesman Siegel & Ware LLP (“KGSW”) is pleased to announce that Thomas M. Ware II and Justin Nash successfully defended Erna Parth, a former homeowners’ association volunteer director and President, against a multi-million dollar damage breach of fiduciary duty claim brought against her by her own homeowners association. After a 25 day bench trial, […]
Ninth Circuit Denies Rehearing of Decision Holding that an “Idea Theft” Claim is Not Subject to an Anti-SLAPP Motion For over 50 years, California has protected a writer’s ideas and concepts embodied in scripts under the so called “Desny-claim.” On November 17, 2017, the United States Court of Appeals for the Ninth Circuit took a […]
One of the most important duties of any homeowner association is the exercise of architectural control. The concept is sometimes hard for new owners to understand because they tend to think, “This is my property and I can do whatever I want with it.” That is absolutely not the case in California – in fact, […]